Page images
PDF
EPUB

Land Act, 1882. Variations where the sale includes the
Mansion House or land occupied with it

[ocr errors]

PAGE

[ocr errors]

.

842

IV. Conveyance of Freeholds by Tenant for Life under the Settled
Land Act, 1882, the purchase money being paid to the
Trustees of the Settlement. Adapted to a sale by Auction or
Private Contract. Variations where the Trustees are
appointed by the Court, where the Trustees are Not made
Parties, where the Purchase Money is paid into Court, for a
Sale of the Mansion House or Land occupied with it, and
where the land was settled by way of Trust for Sale

[ocr errors]

V. Conveyance of Leaseholds by Tenant for Life under the Settled
Land Act, 1882
VI. Conveyance of Copyholds and Grant of a Right of Way over
adjoining freeholds by a Tenant for Life under the Settled

[merged small][ocr errors]

843

[ocr errors]

850

[ocr errors][ocr errors][ocr errors][merged small]

VII. Conveyance under the Settled Land Act, 1882, of Freeholds belonging absolutely to an Infant

[ocr errors]

VIII. Conveyance of Freeholds and Leaseholds to the Uses of a Strict Settlement on a Purchase by a Tenant for Life under the powers of the Settled Land Act, 1882

IX. Conveyance of Freeholds by a Married Woman as a feme sole under the Married Women's Property Act, 1882. Variations where the Husband joins to Confirm and Covenant for the Title.

[ocr errors]
[ocr errors]

853

856

. 860

X. Conveyance of Freeholds and Leaseholds to a Married Woman
as her separate property under the Married Women's
Property Act, 1882. Variations where the Husband is a
Party

[ocr errors][ocr errors][ocr errors][merged small][merged small][ocr errors][merged small]

XI. Direction by Tenant for Life under the Settled Land Act, 1882 (ss. 21, 22), to Trustees to make Investment.

[ocr errors]

XII. Direction by Tenant for Life under the Settled Land Act, 1882
(ss. 21, 22), to Trustees to Pay Purchase-Money and Costs
XIII. Consent by Trustees to Tenant for Life cutting and selling
Timber under the Settled Land Act, 1882, s. 35
XIV. Consent by Trustees to Sale or Lease of Mansion House, &c., under
the Settled Land Act, 1882, s. 15

[ocr errors][merged small][merged small][ocr errors][merged small][ocr errors][merged small]

XV. Direction by Tenant for Life to Purchaser to Pay Money to
Trustees or into Court under the Settled Land Act, 1882
XVI. Consent by a Tenant for Life under the Settled Land Act, 1882,
s. 56, to a Sale or Lease by the Trustees under an express
Power or Trust in the Settlement

XVII. Agreement for Exchange of Frecholds between a Tenant for
Life, under the Settled Land Act, 1882, and an Absolute
Owner, with Variations where the exchange is subject to the

867

Reservation of a Right of Way and restrictive Covenants
affecting the land given in exchange, and where it is made
in consideration of the Grant of a Right of Way, and of
Covenants restrictive of Building over other adjoining land
belonging to the absolute owner

XVIII. Exchange of Freeholds between a Tenant for Life conveying
under the provisions of the Settled Land Act, 1882, and an
Owner in Fee, with mutual Grants of Rights of Way, and
restrictions as to Building, Money being paid by the Trustees
of the Settlement for equality of exchange

PAGE

868

872

ADDENDA ET CORRIGENDA

TO VOLUME I.

Page 1 The law as to the acknowledgment of deeds by married women is altered, and the forms under this head are for the most part superseded, by the Conv. Act, 1882, s. 7, passed since the first part of this volume was in print. See Appendix to this Vol., p. 834.

"

[ocr errors]

.. 8 Note. As to the contracts of married women, see now the Married Women's Property Act, 1882. passed since the first part of this volume was in print, the provisions of which are stated in the Appendix, p. 860.

14 Note, and p. 22, note. This does not appear to be affected by the Bills of Sale Act, 1882, passed since the first part of this volume was in print.

66 It would have to be considered whether the Settled Land Act, 1882 (passed since the first part of this volume was in print, as to which see Appendix, p. 835), has any bearing on the clauses of this agreement relative to sales, &c.

86 The separate use clause is now rendered unnecessary by the Married Women's Property Act, 1882 (see Appendix, p. 863).

90 Note. Although a married woman may now, by the Married Women's Property Act, 1882, s. 1, contract as a feme sole so as to bind her separate property (see Appendix, p. 861), and may, therefore, under the Conv. Act. 1881, s. 52, covenant not to exercise the power of revocation, the former Act does not appear to remove her disability as to releasing the power; and this precedent should therefore remain in its present form.

96 The appointment to the married woman may now, having regard to the Married Women's Property Act, 1882, ss. 1, 2, 5 (see Appendix, p. 860), be simply: "to the use of [in trust for] the sd L., her hrs and assigns," adding, if thought fit, but which is not necessary, as her separate ppty independently of the sd M., or any future husband."

66

105 No alteration in the forms of appointment of new trustees will be occasioned by the Settled Land Act, 1882. In the case of future settlements of land, or money required or authorised to be invested in the purchase of land, it will be proper to declare under s. 2 (8) who are to be the trustees for the purposes of the Act, and new

trustees afterwards appointed in their place will ipso facto become trustees for this as well as any other purpose for which the original trustees were appointed. In the case of settlements made before the Act, it will sometimes happen that there are no trustees within the meaning of the Act, so as to necessitate the appointment of trustees by the Court for the purposes of the Act under s. 38; in that case the power of appointing new trustees in the place of the trustees so appointed by the Court would be vested in the surviving or continuing trustees under the Conv. Act, 1881, s. 31, the word "instrument" in which includes "Act of Parliament;" see s. 2. Page 105 Note, line 8 from bottom. It is conceived that in the case of a will executed before the 1st January, 1882, even though confirmed by codicil since that date, Lord Cranworth's Act and not the Conv. Act, 1881, would apply.

[ocr errors]

Power is now given by the Conv. Act, 1882, s. 5, on an appointment of new trustees (whether the trust was created before or after the Act) to appoint, a separate set of trustees (or a sole trustee where only one was originally appointed) for any part of the trust property held on distinct trusts. As to the power to reduce the number of trustees upon an appointment under the power 'in Lord Cranworth's Act, where applicable, sce West of England Bank v. Murch, W. N. 1883, 18.

107 Note.

The remarks as to the case of a married woman appear not to be affected by the Married Women's Property Act, 1882, which does not seem to apply to land vested in a married woman as a trustee; see Appendix, p. 861, note.

108 Note (d). The technical objection adverted to in the case of a continuing trustee is practically immaterial, and the statutory covenant should be relied on in all cases.

141 Royce v. Charlton has been overruled by Eaton v. Western,

9 Q. B. D. 636.

,, 176 Note (a). See now also the Conv. Act, 1882, s. 8, enabling a power of attorney given for value to be made irrevocable in favour of a purchaser (which includes a mortgagee or lessee, or other person dealing for value), so as not to be revoked or affected by the death, marriage (in case of a female), lunacy, or bankruptcy of the donor of the power, or anything done by the donor without the concurrence of the donee; and s. 9, enabling a power of attorney, whether given for value or not, to be made irrevocable for a fixed time not exceeding one year, in favour of a purchaser (including a mortgagee, &c.) In both cases the power must be expressed to be irrevocable. It is not clear how such a power is to operate or be acted on as against third parties. The effect of the Conv. Act, 1881, s. 46, referred to in the above note, should be considered as to this point.

207 Note. As to the effect of the death of a co-surety, see Beckett v.

Addyman, 9 Q. B. D. 783.

Page 209 Note (a). The Conveyancing Act, 1881, s. 41, applies, although the infant's estate is subject to a gift over on his death under age: In re Liddell, W. N. 1882, 183. Now, under the Settled Land Act, 1882, s. 59, land of any tenure (including incorporeal hereditaments and an undivided share), vested absolutely in an infant, is settled land within the Act, and by s. 60, the "trustees of the settle. ment," if any, within the meaning of the Act, may sell, &c., on behalf of the infant; but if there are no trustees the sale could not be effected without an order of the Court (see Appendix, p. 853); and a bond or covenant (see p. 466, note) of this nature may still be sometimes used to save expense.

[ocr errors][ocr errors][ocr errors][ocr errors][ocr errors]

218 Precedent XIV. As to bonds of this nature, see Gravely v. Barnard, L. R. 18 Eq. 518; Rousillon v. Rousillon, 14 Ch. D. 351.

[ocr errors]

219

223

225

232

226

Note.

Wallis v. Smith is reported 21 Ch. D. 243.

For a form of conditions on a sale by a tenant for life under the
Settled Land Act, 1882, see Appendix, p. 835.

Note.
Note (m). S
Note. The provision that the statutory acknowledgment as to
muniments is to satisfy any liability to give a covenant for produc-
tion cannot, it is conceived, apply where the deeds are not in the
covenantor's custody, as the acknowledgment would not in that case
be effectual. See p. 387, note.

As to the point here referred to on the statutory cove-
nants for title, see p. 366, note.

227 Note. ss. 1 and 2 of 23 & 24 Vict. c. 145, are now repealed by the Settled Land Act, 1882, s. 64, as to instruments executed after 1882. Ib. Note. As to the payment of the purchase money to the solicitor where the vendors are trustees, see In re Bellamy, W. N. 1882. 165.

229 Note (e).

232

[ocr errors]

258

[ocr errors][ocr errors][ocr errors]

261

262

270

As to freeing land sold from incumbrances, see the Conveyancing Act, 1881, s. 5, and, as to settled estates, the Settled Land Act, 1882, ss. 5, 24 (4, 5, 6).

Line 8, for 12A read 11A.

Note (c). See also the Conveyancing Act, 1882, ss. 8, 9.

Note. See also as to settled estates, the Settled Land Act, 1882, ss. 5, 24 (4, 5, 6).

Note. See addendum to p. 209.

Note (a). The alteration made by the Conv. Act, 1882, s. 3, in the law as to constructive notice is by sub-sec. (2) not to exempt a purchaser from any liability under any restrictive covenant, &c.

273 Note (). See Pollock v. Rabbits, 21 Ch. D. 466.

282 Note. Haywood v. The Brunswick Building Society, is now reported 8 Q. B. D. 403, and London & South Western Railway Co. v. Gomm, is reported 20 Ch. D. 562. As to building covenants in conveyances in consideration of a rent-charge, see also Andrew v. Aitken, 22 Ch, D. 218.

« EelmineJätka »